385.09763 

L93r       LOUISIANA--GENERAL 

ASSEMBLY--SPECIAL 

COMMIT^^EE  OV    THE 
MEXICAN  GULF  RAILROAD 

REPORT  OE  THE  SPECIAL  COMMITTEE 
ON  THE  MEXICAN  GULP  RAILROAD 


cisu) 


I^Er»OI^T 


or  THE 


SPECIAL   COMMITTEE 


ON  THE 


MEXICA5  GULF  RAILROAD, 


WITH  ACCOMPANYING  DOCUMENTS; 


ALSO,  A 


BILL  REPORTED  TO  LIQUIDATE  SAID  ROAD. 


H^on.   A.   W.  AV-A^LIiEK,   Chairmaiv 


J.    O.    NIXON,    STATE    PRINTER. 

1866. 


"^  UNIVERSITY  OF 

-  "-^  ILLINOIS  LIBRARY. 

^v>  ^  AT  Ur,3ANA-CHA"..i^A!Gfl 


^i 


)  J. 


Ilfl 


x/;   H>-i    5. 


i^t  l« 


REPORT  OF  SPECIAL  COMMITTEE 


ON  THE 


MEXICAN  QULF  RAILROAD; 


ALSO,  A 


BILL  EEPORTED  TO  LIQUIDATE  SAID  KAILEOAD. 

Me.   a.  W.  WALKEK,  Ch-UEMait. 


Your  committee,  after  a  careful  and  laborious  investigation,  beg  to  lay 
before  you  the  documents  referred  to  them,  together  ^^'ith  the  proofs  and 
sworn  testimony  taken  by  them. 

They  find  that  the  Mexican  Gulf  Eailroad  has,  for  several  years  past, 
been  managed  in  an  improvident  and  culpably  neglectful  manner;  that  its 
proprietors  and  managers  seem  to  have  entirely  forgotten  that  any  duties 
or  obligations  had  been  imposed  on  them  by  their  charter;  that  their  em- 
ployees, influenced  by  the  same  spirit,  have  been  regardless  of  the  com- 
forts and  safety  of  passengers,  and  of  the  safe-keeping  o  ^  the  merchandise 
and  other  products  entrusted  to  their  care. 

That  the  road  has  never  been  completed,  no  break-water  completed, 
and  no  accommodation  given,  as  required  by  the  provisions  of  its  charter. 

The  testimony  herewith  annexed  of  the  managers  of  the  Koad  them- 
selves, shows  that  it  is  unfit  for  use;  that  the  sleepers  and  cross-ties  are 
entirely  rotten ;  that  the  road  bed  is  imperfectly  consolidated,  and  the  iron 
badly  laid.  That  the  locomotives  are  old  and  worn  out,  dangerous  to  Ufe 
and  limb,  and  incapable  to  perform  the  service  required;  that  they  have 
no  spark-catchers,  and  no  cinder  or  ash-pans,  and  are,  in  consequence, 
constantly  setting  fire  to  houses,  barns,  fences  and  crops ;  that  the  passen- 
ger cars  are  old  ai](d  worn  out;  totally  insufficient  in  number.  That  be- 
ing totally  unprovided  with  the  usual  railings,  steps  broken,  they  are  dan- 
gerous to  life  and  limbs,  and  from  this  bad  condition,  afford  no  shelter 
from  the  weather,  protecting  neither  from  rain  or  cold.     That  the  freight 


cars  are  altogether  insufficient,  are  old  and  worn  out,  also  constantly 
break  down,  injuring  the  freight,  to  which  they  afford  no  protection  from 
the  weather. 

They  are  unable  to  begin  to  accommodate  the  inhabitants  of  Terre-aux- 
BceufB,  as  required  by  their  charter. 

Your  committee  then  examined  the   charter  of  the  Company  and  ita 

various  amendments. 

They  find  the  first  act  of  incorporation  to  be  "  An  act  to  incorporate 
the  New  Orleans  and  Texas  Navigation  Company,  and  to  incorporate  the 
Mexican  Gulf  Railroad,  approved  March  9th,  1837." 

The  16th  section  says,  that  said  Railroad  shall  run  from  the  city  of 
New  Orleans  to  any  point  or  place  on  the  Gulf  of  Mexico,  which  borders 
the  Parishes  of  St.  Bernard  and  Plaquemine;  and  that  the  road,  if  it  shall 
not  be  commenced  within  three  years,  and  be  completed  within  ten  years 
from  the  date  of  the  act,  3d  March,  1837,  the  charter  shall  be  null  and 
void. 

That  it  shall  also  make  a  branch  to  Lake  Borgne,  at  the  place  called 
"  Banc  de  Coquilles,"  and  shall  construct  a  wharf  or  break-water  at  said 
place  for  the  mooring  of  vessels  and  steamboats ;  that  said  branch  shall 
be  completed  within  two  years,  and  that  the  said  road  shall  always  furnish 
the  necessary  number  of  cars  for  the  transportation  of  the  produce  and 
other  effects  of  the  Terre-aux-Boeufs,  at  the  request  of  the  said  planters, 
and  at  the  usual  rates;  and  two  of  the  seven  directors  shall  be  residents 
of  the  Terre-aux-Boeufs. 

The  only  subsequent  amendment  of  any  consequence,  was  in  IS-to, 
when  an  act  entitled  an  ' '  act  to  amend  and  extend  the  charter  of  the 
Mexican  Gulf  Railroad, "  approved  March  10th,  1848. 

This  act  amends  the  first,  by  requiring  the  road  to  run  from  New  Or- 
leans to  some  point  of  Lake  Borgne  or  the  Gulf  of  Mexico.     (Sec.  2.) 

Section  11  provides  that  before  completing  the  road  to  the  Gulf  of  Mex- 
ico, which  is  to  be  completed  within  ten  years,  that  a  branch  shall  be  com- 
pleted within  three  j'ears  of  the  date  of  the  act,  10th  March,  1845,  to  the 
Banc  de  Coquilles,  at  which  terminus  they  shall  construct  a  wharf  or 
break-water  to  moor  vessels  or  steamboats,  and  that  the  said  road  shall 
furnish  the  necessary  number  of  cars  fpr  the  tra^sportntion  of  passengers, 


B 


products  and  other  effects  of  the  Terre-aux-Boeufs,  at  the  request  of  the 
said  planters,  and  at  the  usual  rates ;  and  the  penalty  for  the  non-per- 
formance of  these  conditions  is,  by  the  same  section,  that  the  charter 
shall  be  null  and  void, 

The  first  section  of  the  same  act  declares  the  charter,  before  granted, 
that  is  the  act  of  1837,  be  and  is  hereby  revived,  etc.,  subject  to  the  pri- 
vileges and  restrictions  hereinafter  enumerated;  provided,  that  any  future 
legislature  may,  by  a  vote  of  two-thirds  of  each  House,  respectively,  to  be 
taken  by  ayes  and  nays,  amend  this  act  or  order  the  immediate  liquidation 
of  the  Company. 

your  committee  are  therefore  forced  to  the  conclusion,  from  the  facts 
disclosed  by  the  testimony  and  from  the  examination  of  the  acts  creating 
the  Company,  that  it  has  entirely  failed  to  comply  with  its  charter,  and 
has  proved  a  public  nuisance,  dangerous  and  injurious  to  the  commu- 
nity. 

They  beg  leave,  therefore,  to  correct  the  evil,  to  report  the  following 
preamble  and  accompanying  act : 

AN  ACT 

For  the  Liquidation  of  tho  Mexican  Gulf  Railroad  Company,  and  the  final  settlement  of 

the  affairs  of  said  Corporation. 

Whekeas,  the  Mexican  Gulf  Railroad  Company,  incorporated  under 
"an  act  to  incorporate  the  New  Orleans  and  Texas  Navigation  Company, 
and  to  incorporate  the  Mexican  Gulf  Eailroad, "  approved  March,  1837, 
which  act  was  subsequently  revived  and  amended  by  an  "act  to  amend 
and  extend  the  charter  of  the  Mexican  Gulf  Railway,"  approved  March 
10th,  1845,  has  entirely  failed  to  comply  with  its  charter,  and  proved  a 
public  nuisance. 

Section  1.  Be  it  enacted  by  the  'Senate  and  House  of  Representatives  of  the 
State  of  Louisiana,  in  General  Assembly  convened,  That  the  charter  of  said 
Mexican  Gulf  Railroad  is  hereby  declared  null  and  void,  and  all  laws  and 
parts  of  laws  relating,  or  in  any  way  concerning  said  Eailroad,  are  hereby 
repealed. 

Sec.  2.  Be  it  further  enacted,  etc.,  That  the  Governor  is  hereby  authorized 
and  directed  to  appoint  three  persons,  two  of  which  shfiU  be  residents  of 


the  Parish  of  St,  Bernard,  to  take  charge  of  said  Mexican  Gulf  Eailroad 
as  liquidators.  '- 

Sec.  3.     Be  it  further  enacted,  etc, ,  That  said  liquidators  shall  have  the' 
powers  granted  by  the  charter  and  the  acts  amending  the  same,    to  the 
President  and  Directors  of  said  road,  and  thoy  are  hereby  authorized  to 
oxerciso  the  same. 

Sec.  4.     Be  it  further  enacted,  etc.,  That  it  shall  be  the  duty  of  said  li- 
quidators to  carry  on  the  road,  but  that  ■within  one  month  after  they  ea-  ' 
ter  in  possession  of  the  same,  they  shall  advertise  said  road  for  sale,  in'' 
three  newspapers  published  in  the  City  of  New  Orleans,  giving  thirty  days' 
notice  that  the  said  road,  with  all  its  privileges,  franchise,  rails,  iron,  cars, 
locomotives,  shops  and  appurtenances  are  to  be  sold  to  the  highest  bidder, 
at  the  Merchants'  Exchange,  in  the  City  of  New  Orleans,  at  the  hour  of  12 
M. ,  on  the  day  fixed  for  said  sale.     That  the  terms  of  said  sale  shall  be  one 
half  cash,  at  the  time  of  sale,  the  other  half  at  one  and  two  years'  credit, 
with  8  per  cent,  interest,  with  mortgage  on  the  road,  iron,   rails,   locomo- 
tives, etc. 

Sec.  5.     Be  it  further  enacted,  etc.,  That  in  the  event  the  road  shall  not  ^ 
then  sell  for  a  price  which  wall  be  satisfactory  to  the  liquidators,    they  are 
hereby  authorized  to  refuse  the  bids  ofi"ered,  and  re-advertise  the  same  for 
sixty  days,  in  the  same  manner,  terms  and  conditions;  and  whatever   may 
be  the  amount  realized  at  said  second  sale,  the  said  sale  shall  be  final. 

Sec.  6.  Be  it  further  enacted,  etc..  That  the  proceeds'of  said  Koad  shall 
be  fii-st  applied  to  pay  the  expenses  of  the  liquidation  and  of  carrjing  on 
the  road  during  said  liquidation,  the  remainder  shall  first  be  employed  in 
the  payment  of  all  the  debts  or  obligations  of  said  road,  and  the  balance 
be  paid  over  to  the  legal  owner  or  owners. 

Sec.  7.  Be  it  further  enacted,  etc..  That  the  liquidators  shall  keep  cor- 
rect accounts  of  their  receipts  and  expenditures,  and  shall  render  a  com- 
plete and  detailed  account  of  their  management  and  proceedings  to  the 
next  session  of  the  legislature.  They  shall,  in  the  mean  time,  be  under 
the  control  of  the  Governor,  and  subject  to  such  orders  and  directions  as 
the  said  Governor  may  give  them,  for  the  purpose  of  strictly,  exactly  and 
promptly  can-jing  out  the  provisions  of  this  act. 
Sec,  8.    Be  it  further  enacted,  etc.,  That  the  liquidators  shall  carry  on. 


the  Eoad  during  the  liquidation,  and  for  that  purpose  they  can  employ- 
clerks,  engineers  and  other  employees  they  may  deem  necessary,  and  they 
ai-e  authorized  to  allow  them  such  compensations  as  they  may  deem  ad- 
visable; the  privileges  of  the  road  being  hereby  revived,  so  as  to  enable 
said  liquidators  to  carry  on  said  road  under  the  charter  and  amendments, 
until  the  final  sale  of  the  same,  which  must  be  made  within  twelve 
months. 

Sec.  9.  Se  it  further  enacted,  etc. ,  That  the  liquidators  to  be  allowed 
a  sum,  not  to  exceed  two  thousand  dollars  each,  for  their  services. 

Seo.  10.  Be  it  further  enacted,  etc.,  That  the  charter  and  amendments 
of  the  said  Mexican  Gulf  Eailroad,  as  they  stood  and  existed  on  the  9th 
of  March,  1837,  and  March  10th,  1845,  is  hereby  revived  and  re-enacted  in 
favor  of  the  purchasers  of  said  road,  under  this  act. 

Seo.  11.  Be  it  further  enacted,  etc.,  That  all  laws,  and  parts  of  laws,  in- 
consistent and  in  contravention  with  this  act,  are  hereby  repealed. 

Seo,  12.  Be  it  further  enacted,  etc..  That  this  act  take  effect  from  and 
after  its  passage, 


RESOLUTION  RELATIVE   TO  THE  MEXICAN  GULF  RAILROAD. 

Whereas,  A  copy  of  a  presentment  of  a  report  of  the  Grand  Jury  of 
the  parish  of  St.  Bernard,  in  the  following  words,  to-wit : 

That  the  road,  cars  and  locomotives  of  the  Mexican  Gulf  Railroad  Com- 
pany, are  in  an  awfiil  condition;  that  the  same  are  no  longer  of  any  ser- 
vice or  convenience  to  the  inhabitants  of  their  parish;  that  the  Grand 
Jury  are  of  opinion  that  if  said  Company  cannot  be  compelled  to  place 
the  road  and  the  cars  in  a  proper  condition  of  usefulness  to  the  public, 
and  to  comply  in  other  respects  with  the  requirements  of  their  charter, 
the  proper  authorities  should  and  are  hereby  requested  to  take  proper 
steps  to  have  said  charter  forfeited  and  the  privileges  thereof  transferred 
to  other  parties  Who  will  be  willing  and  able  to  come  up  to  the  require- 
ments of  said  charter;  and  whereas,  said  report  Was  referred  by  the  Hon- 
orable Cazabat,  Judge  of  the  Second  Judicial  District  Court  for  the  parish 
of  St,  Bernard,  to  the  Police  Jury  of  said  parish;  and  whereas,  the  said  Po- 


■8 

lice  Jury  have  forwarded  the  said  Eeport  to  their  Kepresentative  to  be 
presented  with  their  approval  to  the  honorable  the  House  of  Representa- 
tives, I  now  present  the  following  resolution: 

Be  it  resolved,  That  a  special  committee  of  five  be  appointed  to  inquire 
into  the  condition  of  the  Mexican  Gulf  Eailroad  Company ;  whether  it  has 
fulfilled  its  duties  according  to  its  charter,  and  what  remedy,  if  any,  shall 
be  applied  to  remove  theinconveniences  and  e\'il8  complained  of,  if  really 
found  to  exist. 

A.  W.  WALKER. 


TESTIMONY  OF  W.  G.  BAKEWELL. 

Meeting  of  the  Cbmmittee  on  the  Mexican  Oulf  Railroad. 

New  Obleans,  Dec.  4,  1865,  6  p.  m. 

Present :  Walker,  Chairman,  Jas.  Philips,  Decker  and  Sambola. 

Sambola  acted  as  Secretary. 

Mr.  Wm.  G.  Bakewell  appeared,  and  being  interrogated,  made  the  fol- 
lowing verbal  statement,  which  was  recorded  by  the  secretary,  as  given, 
to-wit: 

I  represent  the  owner  of  the  Mexican  Gulf  Railroad  and  am  the  execu- 
tor of  the  estate  of  Gordon,  which  estate  owns  the  said  road,  the  same 
having  been  purchased  at  a  sherifi"s  sale  in  order  to  liquidate  said  estate 
and  railroad.  This  was  in  July,  1850.  I  have  a  copy  of  the  act  of  sale  at 
home.  I  will  furnish  this  committee  with  a  copy.  The  execution  was  in 
favor  of  the  succession  of  Gordon  against  the  said  Mexican  Gulf  Railroad 
Company,  an  incorporated  Company.  I  was  appointed  executor  by  Mr. 
Gordon;  the  road  being  under  seizure  for  a  mortgage  which  Lizardi  had 
on  the  iron,  I  prayed  the  court  to  stay  proceedings  until  such  time  as  we 
could  obtain  judgment  for  the  amount  due  Alex.  Gordon.  We  obtained 
judgment  and  had  an  order  of  court  to  purchase  the  entire  road,  inclu- 
ding the  iron;  this  was  in  the  Fifth  District  Court  of  New  Orleans.  The 
object  of  this  was,  if  the  estate  lost  the  amount  the  company  owsd  to  Gor- 
don, I  would  have  to  declare  the  estate  insolvent,  and  the  creditors  would 
have  to  lose  portion  of  their  debts,  pro  rata.     The  court  agreed  that  ©n 


assuming  the  debt  of  said  Gordon,  and  also  the  debts  for  which  the  said 
railroad  was  legally  liable,  I,  as  executor,  was  authorized  to  purchase  the 
railroad  with  all  its  rights  and  privileges  of  the  charter;  Mr.  Gordon 
having  previously  bought  the  original  charter  from  the  State  of  Louisiana. 
Mr.  Gordon  formed  a  new  company  and  sold  them  the  articles  he  had 
bought  from  the  State  of  Loixisiana,  for  the  sum  of  three  hundred  and 
thirty-one  thousand  and  seventy  dollars,  or  thereabouts.  The  new  com- 
pany paid  a  portion  of  the  notes  furnished  for  that  amount,  which  notes 
were  handed  over  to  the  State,  as  I  believe.  After  Mr.  Gordon's  death, 
the  company  fell  out  among  themselves,  and  as  Gordon  had  advanced  a 
large  amount  in  cash  to  complete  the  road  within  the  time  stipulated,  to 
Lake  Borgne,  that,  together  with  the  stock  which  ho  had  taken  in  part 
payment  from  the  company,  made  his  claim  amount  to  about  four  hun- 
dred thousand  dollars,  ($400,000.)  Then  Egana,  in  behalf  of  Lizardi, 
bid  the  amount  of  Lizardi's  claim,  and  I  bid,  also;  and  being  the  highest 
bidder,  I  became  the  purchaser  for  the  succession  of  Gordon,  assumiu'^ 
the  debts. 

As  regard  the  condition  of  the  road,  the  principal  difficulty  has  been  the 
shape  of  the  iron  rails,  it  being  almost  impossible  to  keep  it  from  bend- 
ing on  such  swampy  grounds  and  tenacious  soil,  it  being  necessary  to 
have  longitudinal  pieces  or  stringers  on  each  side,  which  prevents  the 
water  from  di-aining  off;  we,  however,  run  the  road  in  a  tolerably  satisfac- 
tory manner,  until  some  time  after  the  beginning  of  the  war,  v/hen  I  was 
compelled  to  leave.  Gen.  Butler  seized  the  road,  under  the  charge  of 
carrying  contraband  goods;  never  made  any  repairs,  and  managed  the 
machinery  while  in  possession  of  the  United  States  authorities;  refused  to 
pay  us  any  compensation  for  transportation  of  Government  goods,  or  pro- 
fits of  the  road  during  that  time;  finally,  when  I  returned,  in  1S64,  Gen. 
Banks  agreed  to  restore  the  road  upon  condition  that  we  would  carrj'  Gov- 
ernment goods  free  of  charge,  and  have  a  loyal  man  that  would  take  the 
oath,  as  Superintendent,  provided  that  the  man  suited  him  in  a  political 
point  of  view,  and  regardless  whether  he  suited  us  in  a  mechanical  point 
or  not — thus  leaving  us  no  choice.  The  removal  of  Mr.  Armstrong  at  a 
time  when  we  could  not  get  any  one  to  take  charge  of  the  road,  is  one 
cause  of  the  difficulties.  A  person  by  the  name  of  O'Neal,  acted  subsequently 
2 


10 

it 
as  superintendent;  before  him,  a  person  by  the  name  of  Hughes,  acted; 

then  we  employed  a  man  by  the  name  of  Miller,  who  was  highly  recom- 
mended by  a  number  of  planters.  In  May,  1865,  the  road  ran  well  and 
was  making  money;  things  got  out  of  order  some  time  this  full,  during  the 
hard  rains ;  the  tracks,  it  seems,  spread,  owing  to  the  heavy  rains.  This 
was  under  the  same  superintendent.  Then  I  employed  Mr.  Armstrong 
again,  after  advertising  for  a  capable  man ;  and  now  I  bekeve  that  the 
road  will  be  in  as  good  a  running  condition  as  usual,  in  two  or  three 
weeks.  I  consider  Mr.  Armstrong  a  better  man  for  us;  I  have  no  doubt 
that  he  can  keep  the  road  in  better  order  in  wet  weather,  but  we  never  had 
any  body  that  could  prevent  it  from  getting  out  of  order  when  there  was 
a  spell  of  weather,  on  account  of  the  peculiar  construction  of  the  road. 
The  debts  of  the  road  are  between  one  hundred  and  fifty  thousand  to  one 
hundred  and  seventy-five  thous;ind  dollars.  There  is  no  regular  account 
kept. 

Adjourned  to  Wednesday  next,  the  6th  inst.,  at  5  o'clock,  p.  m. 


TESTIMONY  OF  ANTOINE  CHALAIEE  AND  ME.  AEMSTRONG. 

Minutes  of  Meeting  of  the  Committee  on  the  Mexican  Gidf  Railroad,  held  at 
Mechanics'  Institute,  on  Wednesday,  Dec.  6,  1865,  at  5  o'clock  P.  M. 

Present :  Walker,  Chairman  ;  James  Phillips,  Decker  and  Sambola. 

Sambola  acting  Secretary. 

Mr.  Antoine  Chalaire,  a  witness,  duly  summoned,  appeared,  and  being 
duly  sworn,  deposes  as  follows  : 

I  reside  in  the  Parish  of  St.  Bernard;  was  born  in  said  pari.sh;  have 
resided  thare  all  my  life.  The  Mexican  Gulf  Railroad  has  been  in  bad 
order  for  the  last  six  or  seven  years;  does  not  perform  trips  regularly,  not 
even  tolerably;  during  the  last  three  years  they  take  sometimes  a  week  to 
make  a  trip ;  the  distance  is  twenty-seven  miles.  The  cars  are  not  safe ; 
there  is  nothing  to  prevent  people  from  falling  ofif ;  the  cars  afford  no  pro- 
tection in  rainy  weather;  there  is  as  much  protection  outside  as  in.side ; 
the  cars  leak  a  great  deal;  there  is  no  security  for  freight;  if  you  put 
anything  in  the  cars  the  clerk  informs  us  that  they  are  not  responsible.     I 


r    ^1 

will  further  state  that  to  my  knowledge  the  locomotives  set  fire  to  several 
buildings  on  the  road;  several  inhabitants  inquired  of  them  why  they  did 
not  set  something  over  the  chimney  to  prevent  sparks  from  escaping;  I 
spoke   to  Mr.    Seddon,    the  clerk   on  the    road,    about  this  matter;  he 
replied  that  Mr.  Bakewell  did  not  pay  tham  for  that.     I  have  shipped  pro- 
visions on  the  cars,  and  after  paying  freight  for  the  same  I  was  informed 
by  the  employees  of  the  road  that  they  were  not  responsible  for  the  goods. 
I  very  often  spoke  to  the  managers  about  the  condition  of  the  cars,  and 
their  leaky  condition,  and  at  a  time,  also,  when  more  than  ten  ladies  were 
in  the  cars  during  rain,  when  they  all  got  wet  in  consequence  of  the  con- 
dition of  the  cars.     This   occurred   often  and  whenever  it  rained.     This 
state  of  things  continued  and  existed  for  the  last  two  or  three  years.     The 
cause,  I  believe,  is  because  Mr.  Bakewell  would  not  spend  any  money  to 
improve  the  road.     The  bad  condition  of  the  road  has  had  a  great  deal  to 
do  in  diminishing  the  value  of  property  in   the  parish;  property  dimin- 
ished one  thousand  dollars  per  arpent  at  least.     The  inhabitants  of  a 
certain  portion  of  the  parish,    called  the   Chincha,  speak  of  abandoning 
that  country  for  want  of  transportation.     A  great  many  of  them  had  to 
clear  this  land  for  cultivation,  and  had  to  burn  the  timber  on  the  ground 
for  want  of  transportation  to   take  the   wood  to   market.     More  than  a 
million  of  cords  of  wood  to  my  knowledge  were  burnt  on  the  ground.     It 
costs  about  two  dollars  a  cord  to  cut  up  the  wood  and  put  it  on  the  side  of 
the  track  of  the  road.     In  New  Orleans  it  is  worth  from  $8  to  $10  a  cord. 
A  great  many  lost  large  amounts  of  provisions,  such  as  potatoes  and  other 
farm  products,   for  want  of  transportation.      The  Parish  of  St.  Bernard 
supplies  the  Parish  of  Orleans  with  fish,  game,  vegetables  and  other  pro- 
visions.     The  fishermen,  after  repeated  efforts,  abandoned  Lake  Borgne 
for  fishing,  on  account  of  the  road,    all  to   the   great   detriment   of  the 
citizens  of  the  parish.     There  were   two  large   settlements  of  fishermen 
and  of  hunters,  who  have  abandoned  the  parish  on  account  of  the  impos- 
sibility of  getting  their  produce   to   the  markets  of  New  Orleans.      The 
price  of  wood,  fish,  game,  vegetables,  &c.,  has  been  very  much  enhanced 
in  New  Orleans  on  account  of  the  difficulty  of  transportation.     Fishermen 
sometimes  lost  their  whole  cargo  of  fish,    and  hunters  their  game,  on 
Recount  of  the  irregularity  of  the  road ,    the    same   in  regard  to  vege- 


12 

tables.  If  the  road  were  regular,  the  Parish  of  St.  Bernard  could 
also  supply  the  whole  city  of  New  Orleans  with  vegetables.  It  is  even 
difficult  to  obtain  the  necessaries  of  life  in  some  parts  of  the  parish  for 
want  of  transportation.  I  know  the  general  condition  of  the  road.  The 
road,  as  it  has  been  carried  on  and  as  it  is  now,  is  a  public  nuisance; 
persons  cannot  rely  on  it.  All  that  I  have  said  is  of  a  daily  occuiTence. 
The  cars  run  off  the  track  sometimes  three  or  four  times  a  trip. 

Mr.  Armstrong,  being  duly  sworn,  says: 

I  am  employed  on  the  Mexican  Gulf  Railroad  as  Chief  Engineer  and 
Superintendent  since  the  20th  of  November  last  I  was  in  the  employ  of 
the  company  before  that  at  different  times  since  the  year  1844.  On  the 
2d  of  November,  1862,  I  was  taken  off  the  road  by  the  military  authorities; 
was  not  on  it  until  the  20th  of  November  last.  I  live  at  Ducros  Station;  I 
see  the  train  whenever  it  passes,  but  sometimes  it  does  not  pass  oftener 
than  once  a  week;  it  is  never  regular.  The  road,  and  all  the  stock,  are  in 
a  very  bad  condition.  Previous  to  1859  I  left  on  account  of  the  difficulty 
of  obtaining  from  Mr.  BakewcU  materials  to  repair  the  machinery.  In 
May  last  Mr.  Bakewell  called  at  my  house  and  wished  me  to  take  charge 
of  the  Railroad.  I  told  him  that  I  had  no  objection  to  do  so,  provided  he 
would  furnish  some  means  to  put  it  in  order;  he  asked  me  what  I  would 
charge;  I  said  the  same  as  previously,  that  is,  $150  per  month  and 
free  of  house  rent;  he  said  he  could  not  afford  it,  and  could  get  men 
cheaper;  he  offered  me  $125  per  month,  saying  that  he  could  get  Mr. 
Miller  for  $100,  and  consequently  was  giving  me  $25  more  than  Sir.  Miller. 
The  road  is  in  a  verj'  bad  condition;  it  would  take  $50,000  to  put  the  road 
alone  in  good  order,  without  counting  what  it  would  cost  for  rolling  stock 
and  machinery.  A  new  set  of  rolling  stock  would  cost  at  least  $50,000 
more.  K  the  road  was  in  good  order  the  settlements  on  the  road  would 
improve  five  hundred  per  cent. ;  the  income  would  improve  in  like  manner. 
In  1860  I  asked  for  a  new  engine;  Mr.  Bakewell  told  me  I  could  buy  an 
old  locomotive  from  the  Carrolltou  Railroad  Company  much  cheaper  than 
a  new  one.  I  a.sked  him  what  was  the  name  of  the  engine ;  Mr.  Bakewell 
answered,  the  "Pelican,"  upon  which  I  remai-ked  that  said  locomotive, 
the  "Pelican,"  was  of  no  account,  and  was  an  old,  worn-out  machine,  and 
th£it  I  did  no{;  want  anj'  more  such  engines,  that  there  were  twQ  sxxch  oneg 


13 

on  the  road  already.  I  know  this  to  be  so.  After  I  was  discharged  from 
that  road,  the  Superintendent  who  succeeded  me,  Mr.  Charles  Hughes, 
purchased  this  very  machine,  the  "Pelican."  This  machine  would  not 
run  on  the  road.  The  other  two  old  locomotives  of  the  road  had  to  be 
destroyed  to  repair  this  one ;  notwithstanding,  this  machine  breaks  down 
every  few  days  now  and  then.  Mr.  Hughes  purchased  also  from  the  Car- 
roUton  Railroad  an  old  rotten  passenger  car,  which  broke  down  on  the 
first  week;  it  took  six  months  to  repair  it.  The  engines  on  the  road  have 
no  spark  arrester  and  no  cow  catcher.  There  is  one  engine  on  the  road 
and  two  in  the  shop  for  the  last  three  months. 


TESTIMONY  OF  A.  O'NEAL,  FLANIGAN  AND  DE.  F.  H.  KNAP. 

Minutes  of  Meeting  of  the  Committee  on  3fexican  Gidf  Railroad,  held  at  Me- 
chanics' Institute  on  Wednesday,  Dec.  14,  at  5  p.  m. 

Present — Walker,  Chairman  ;  James  Phillips,  Alf.  Phillips  and  A.  Sam- 
bola. 

Mr.  Anthony  O'Neal,  being  duly  sworn,  says  : 

In  the  beginning  of  last  March,  I  made  arrangements  with  Bakewell  to 
take  charge  of  the  running  gear  of  the  Mexican  Gulf  Railroad;  the  ar- 
rangements were  that  he  was  to  suspend  the  Road  for  two  mouths,  so  as 
to  allow  me  a  chance  to  repair  it,  but  instead  of  keeping  his  word,  he  put 
off  the  purchase  of  material,  etc. ,  hiring  of  hands  from  day  to  day,  untU 
about  a  month  and  a  half,  when  I  informed  him  that  if  he  would  not  give 
the  proper  materials  and  men,  I  would  leave  on  the  expiration  of  the 
ecsond  month ;  he  made  no  answer. 

I  think  the  second  month  expired  on  the  13th  of  May.  On  the  11th  of 
the  same  month  I  received  a  note  from  him  notifying  me  that  if  I  could 
not  bring  my  family  down  at  the  station  and  be  there  permanently,  he 
would  get  somebody  else  who  would  be  able  to  do  so.  I  left  on  the  next 
day.  "While  I  was  in  charge  of  the  Road,  the  rolling  stock  and  locomo- 
tive were  totally  used  up.  Condition  of  the  road  very  bad,  the  cars  made 
very  irregular  trips,  it  rained  forty  days  at  least,  during  the  sixty  days  that 
I  was  on  the  Road;   during  the  second  n;onth  I  don't  think  they  made 


14 

more  than  fifteen  trips,  and  they  were  very  irregular;  the  length  of  the 
road  is  said  to  be  twenty-seven  miles,  sometimes  it  took  forty-eight  hours 
to  make  the  trip.  The  reason  was  on  account  of  the  bad  state  of  the  track 
and  the  condition  of  the  rolling  gear.  There  did  not  appear  to  be  any 
disposition  on  their  part  to  put  the  road  in  proper  order,  if  there  was  any 
it  was  not  adequate.  There  were  no  adequate  means  taken  to  repair  the 
machinery  or  to  put  the  road  in  order.  I  think  the  people  were  put  in 
groat  inconvenience,  in  consequence  of  the  mismanagement  of  the  Road. 
There  were  not  very  extensive  established  rules  to  get  wood.  The  wood 
was  obtained  and  gathered  up  along  the  road  the  best  way  possible,  and 
sometimes  the  fences  were  taken  ;  passengers  were  frequently  called  upon 
to  gather  wood  for  the  engine  on  the  road, 

For  twenty  years  previous,  I  was  master  machinist  on  the  Pontchartrain 
Railroad.     I  consider  that  I  am  a  competent  judge  about  railroads. 

I  have  heard  the  statement  made  by  the  owner  of  the  road.  Mr.  Arm- 
strong could  put  some  order  with  the  management  of  the  road,  but  I  be- 
lieve, from  my  knowledge  of  railroads,  that  it  would  be  impossible  for  any 
engineer  to  do  anything  satisfixctory  on  this  road,  without  an  outlay  of 
§150,000.  Roads  of  that  character  generally  require  at  least  eight  loco- 
motives to  do  the  business  such  a  road  ought  to  do.  There  are  only  three 
worn  out  locomotives  on  the  road,  these  carmot  be  called  locomotives,  as 
they  are  so  much  used  up.  The  passenger  and  freight  cars  are  in  the  same 
condition,  and  it  would  require  new  passenger  and  freight  cars  in  propor- 
tion to  do  the  business  of  the  road. 

The  state  of  the  passenger  cars  is  such  that  from  the  want  of  proper 
railings  thei-e  is  great  danger  to  life  and  limb. 

There  are  no  spark-catchers  on  the  engine,  and  in  consequence  of  which 
they  set  fire  to  every  thing  along  the  road  and  even  the  cars  and  passeii- 
gers'  clothes. 

Patrick  Flanigan,  duly  sworn,  says  : 

I  have  been  employed  on  the  Mexican  Gulf  R lil  Road  since  1852,  in  the 
capacity  of  engineer.  The  road  has  been  getting  down  for  the  last  six 
years.  We  have  been  running  oflf  sometimes  twice  or  three  times  a  trip, 
in  wet  weather  it  is  almost  impossible  to  get  along.  The  engines  are  out 
of  order,  ai^d  the  cars  also.     I  l;nve  heard  the  testimony  given  by  Messrs, 


15 

O'Neal  and  Nimmo.     The  facts  testified  by  them  are  true  and  correct  with- 
out exaggeration.    It  is  useless  for  me  to  reiterate  them,  as  my  testimony. 

"When  the  United  States  took  charge  of  the  engine,  whilst  the  road  was 
in  possession  of  the  United  States,  the  road  was  as  well  managed  when  in 
charge  of  the  United  States  as  it  was  before  or  after,  and  made  as  regular 
trips.  The  road  was  in  as  good  condition,  and  the  rolling  stock  in  as  good 
order  when  the  road  was  returned  to  the  owners,  as  when  it  was  taken  away 
from  them;  this  witness  acted  as  engineer  on  said  road,  as  he  has  already 
stated,  before  the  United  States  took  charge  of  it,  during  all  the  time  it 
was  in  charge  of  the  United  States,  and  much  of  the  time  since.  He  does 
not  consider  that  the  United  States  injured  the  road. 

Dr.  F.  H.  Knapp  being  duly  sworn,  says: 

I  reside  in  the  parish  of  St.  Bernard;  carry  on  business  in  the  city  at 
the  same  time.  I  can  state  that  the  condition  of  the  track,  the  freight 
and  passenger  cars,  and  engine  of  Mexican  Gulf  Railroad,  are  in  a  most 
miserable  worn-out  condition,  and  entirely  inadequate  to  transport  the 
freight  and  passengers  to  and  from  the  city,  as  required.  It  is  to  the  great 
inconvenience  of  persons  producing  crop  and  carrying  on  business  on  or 
near  the  road,  and  also  deteriorating  the  valae  of  property  on  and 
contiguous  to  the  road,  which  would  be  greatly  enhanced  if  the  cars 
would  run  according  to  the  provision  of  the  charter  of  that  road.  Real 
estate  along  the  line  of  the  road  is  not  worth  one-half  what  it  would  be 
worth  if  the  cars  would  be  regular.  I  have,  from  the  best  information 
received,  knowledge  of  the  fact  that  valuable  improvements  connected 
with  agricultural  and  other  pursuits  have  been  made,  supposing  that  the 
road  would  have  been  run  as  required  under  its  charter,  and  in  the  non- 
compliance of  its  charter  that  these  improvements  have  been  abandoned 
and  are  apparently  worthless. 

It  is  a  notorious  fact,  that  it  is  one  of  the  principal  sources  from  which 
the  city  of  New  Orleans  is  supplied  with  fish,  oysters,  game  and  vegeta- 
bles; at  the  same  time,  there  has  been,  and  is  still,  a  considerable  crop 
and  sugar  raised  on  the  side  of  the  road,  which  can  not  be  taken  to  the 
city  on  account  of  the  neglect  of  the  road.  The  quantity  of  fish,  game, 
vegetables,  and  various  other  products,  would  increase  for  the  market  of 
New  Orleans  if  the  road  was  in  such  condition  as  to  be  depended  upon. 


fiT 


16 

The  expense  of  the  produce  would  be  less,  while  the  comforts  of  the  peo- 
ple would  be  benefitted,  and  the  city  of  New  Orleans  would  gain  several 
thousand  dollars  a  year  in  the  diminished  price  of  these  articles. 


TESTIMONY    OF    A.    DUPRE,    W.    H.    WILDER    AND    CH.iRLES 

BIENVENU. 

Minutes  of  Meeting  of  the  CommHtee  on  3fexican  Gidf  Railroad,  held  at  3fe- 
chanics'  Institute,  on  Monday,  Dec.  18th,  1865. 
Present— A.  "W.  Walker,  Chairman  ;  Jas.  Phillips  and  A.  Sambola. 
Mr.  A.  Dupre,  Register  of  Laud  Office,  being  duly  sworn,  says  : 
The  only  thing  that  I  can  say,  two  gentlemen  came  in  and  asked  me  if  I 
had  land  to  sell,  I  told  them  I  had  none ;  they  said  they  wanted  to  buy 
some  land  somewhere  on  the  Bayou  St.  Malo,  they  told  me  they  wanted 
to  enter  a  preemption  right.     Witness  told  them  to  get  the  Land  Surveyor 
to  ascertain  the  exact  position.     They  showed  witness  a  notice  of  seques- 
tration, signed  by  Mr.  Bakewell,  (the  two  men  were  Antonio   Gomez  and 
Lacier,)  for  nine  sacks  of  cotton,  grown  by  them  on  land  on  the  Bayou  St. 
Malo,  sajnng  that  the  land  on  which  the  cotton  was  grown  belonged  to  the 
Mexican  Gulf  Railroad.     Mr.  Dupre  requested  the   gentlemen  to   take   a 
surveyor  and  ascertain  the  precise  spot. 
Mr.  W.  H.  Wilder,  duly  sworn,  says  : 

That  ho  has  surveyed  the  land  on  Lake  Borgne,  claimed  by  the  Mexican 
Gulf  Railroad,  and  on  which,  it  is  claimed  by  Mr.  Bakewell,  that  the  cot- 
ton seized  as  belonging  to  Gomez  and  Lacier,  is  said  to  have  been  grown. 
That  witness  represented  to  Mr.  Bakewell  that  this  cotton  was  not  grown 
on  land  belonging  to  the  Mexican  Gulf  Railroad,  and  that  if  it  was,  the 
Mexican  Gulf  Railroad,  by  not  completing  their  road,  had  forfeited  their 
right  to  enter  the  land.  The  cotton  was  in  the  hands  of  Mr.  Cloffenburg. 
It  was  released  by  Mr.  Bakewell,  retaining  the  amount  of  $180  for  rent, 
trespass  and  freight.  Mr.  Cloffenburg  has  the  order  of  Mr.  Bakewell  in 
writing. 

Mr.  Wilder  knows   the   condition  of  the  Mexican   Gulf  Raihoad.     He 
says  the  track  and  rolling  stock  are  in  a  worthless  condition.     The  cars 


17 

are  rtmning  oflf  the  track  and  breaking  down.     Witness  thinks  that  in  the 
condition  the  cars  now  are,  they  are  dangerous  to  lives  of  passengers. 
Mr.  Charles  Bienvenu,  duly  sworn,  says  : 

I  was  born,  and  resided  in  the  Parish  of  St.  Bernard  for  forty-two  years, 
more  or  less.  I  was  in  the  parish  when  the  Mexican  Gulf  Eailroad  was 
built,  and  since  1853  it  has  not  been  fit  to  travel  on.  During  twelve  years 
I  traveled  on  this  raih-oad,  often  during  the  summer  season,  and  now  I 
think  the  raikoad  is  a  nuisance,  because  the  ties  and  trestle  work  are 
rotten.  The  cars  and  steam  engine  are  really  unsafe  to  travel  in,  and  as 
regard  to  the  schedule,  you  know  not  when  you  start,  and  less  when  you 
arrive  at  the  point  of  destination. 

The  cars  generally  run  off  the  track  two  and  three  times  a  trip.  When 
they  want  wood  for  the  engine,  they  take  the  fences  along  the  road.  In 
time  of  rain  it  is  necessary  to  have  an  umbrella  inside  the  cars  to  be  pro- 
tected from  the  rain.  For  the  last  twelve  years  the  cars  have  been  a  per- 
fect nuisance. 

Last  October,  I  went  down  to  court  in  the  Parish  of  St.  Bernard.  The 
cars  not  having  a  spark-catcher  or  ash-pan,  set  fire  to  the  house  of  Mr. 
Gutien-ez,  which  was  burned  down.  There  are  plenty  of  material  on  the 
road,  but  the  manager  has  neither  the  energy  nor  the  will  to  buy  any. 
Property  would  greatly  increase  if  the  railroad  was  properly  managed. 


TESTIMONY  OF  CAPTAIN  S.  W.  SAWYEE,  U.  S.  AEMY. 

Mnutes  of  Meeting  of  the  Committee  on  Mexican   Gulf  Eailroad,  held  at  Me- 
bhanics'  Institute,  ^Friday,  Bee.  21,  1865. 

Present — Walker,  Chaii-man,  James  Phillips  and  A.  Sambola. 
Captain  S.  W.  Sawyer,  TJ.  S.  Army,  being  duly  sworn,  says: 
When  I  took  charge  of  the  road  there  was  but  one  engine  in  running 
order,  and  that  in  a  very  bad  condition.  The  cars  and  road  were  also  in 
very  bad  condition,  it  being  almost  impossible  to  run  the  cars  for  the  fii-st 
three  or  four  weeks  after  I  took  charge  of  the  road.  After  that  time  there 
was  no  day  but  what  the  cars  made  their  regular  trip,  and  sometimes  they 

3 


18 

made  two  trips  a  day.  The  road,  machinery  and  rolling  stock  were  in  a 
much  better  condition  when  returned  to  the  o-wners  by  the  United  States 
Government,  than  when  taken  charge  of  by  me.  I  took  charge  of  the 
road  on  or  about  the  last  of  October  or  first  of  November,  18G2;  tui'ned  it 
over  about  the  last  of  February,   1803. 

The  stringers  of  the  road  were  almost  gone.  The  road  since  I  have  left 
it  has  been  constantly  getting  worse,  and  now  it  is  almost  impossible  to 
make  a  trip.  The  last  time  I  made  a  trip,  about  ioxiv  months  ago,  the  en- 
gine gave  out  and  I  had  to  foot  it  to  the  city.  Several  ladies  were  on 
board;  it  was  raining  on  that  day;  the  cars  v.'ere  leaking  badly.  Last 
spring  several  planters  on  the  road  offered  to  furnish  timber  to  repair  the 
road  and  relay  the  track.  They  manifested  a  desire  to  have  the  road  in 
running  order.  At  the  time  the  road  was  under  my  charge,  I  was  the 
provost  marshal  on  duty  at  St.  Bernard. 


TESTIMONY  OF  JUDGE  CAZABAT, 

Before  the  Committee  on  the  Mexican  Gulf  Railroad,  Jan.  31,  18C6. 

Present :  A.  W.  Walker,  James  Philips  and  Sambola. 
Judge  A.  Cazabat,  being  duly  sworn,  deposes  and  says  : 
That  he  is  the  Judge  of  the  Second  Judicial  District  Court;  that  the 
Parish  of  St.  Bernard  is  within  his  jurisdiction;  that  for  the  last  two  years 
he  has  attended  the  regular  terms  of  the  court  in  said  parish;  that  on 
account  of  the  bad  condition  of  the  Mexican  Gulf  Kaikoad  it  has  been 
sometimes  impossible  for  him,  indeed  very  often,  to  arrive  at  the  court- 
house in  due  time  to  open  court  according  to  law,  and  therefore  he  was 
often  compelled  to  hire  a  caniage  to  be  at  the  court-house;  that  on  one 
occasion  the  cars  failed  to  run  for  two  days,  and  it  was  impossible,  from 
the  bad  condition  of  the  road,  to  go  to  court  in  any  other  manner,  and  I 
had  to  adjourn  court,  thereby  losing  a  portion  of  the  term.  On  another 
occasion  the  delay  was  produced  because  the  cars  failed  to  start  at  the 
tima  appointed,  and  did  not  reach  the  court-house  until  late  in  the  even- 
ing, so  that  the  next  day  only  did  I  open  court;  all  of  which  caused  great 
inconvenience  to  suitors,  witnesses  and  jurj',  who  were  in  attendance,  and 


19 

consequently  put  the  parish  to  very  heavy  expenses.  And  on  the  return- 
ing trip  from  the  court-house  to  the  city,  in  company  with  lawyers  Dufour 
and  Lacey,  we  were  compelled  to  take  an  open  hand-car,  exposed  to  the 
rain  and  to  the  mud,  during  a  \aoleut  storm  in  the  winter,  and  arrived  in 
the  city  at  half-past  nine  at  night.  And  all  this  because  the  steam  car,  or 
engine,  had  broken  some  part  of  its  machinary.  Witness  considers  the 
road  a  perfect  nuisance ;  the  cars  are  exceedingly  uncomfortable ;  almost 
open  to  the  weather ;  in  fixct,  from  the  great  inconvenience  experienced 
witness  has  ceased  using  the  cars,  but  goes  do-mi  in  a  carriage  or  cab. 
Mismanagement  and  carelessness  seem  to  be  the  rule  on  the  road, 
amongst  the  o-\vners  and  employees.  As  carried  on,  it  is  an  injury  instead 
of  a  benefit  to  the  community.  The  condition  of  the  road  and  cars  is 
dangeroiis  and  imcomfortable.  The  road  and  its  condition  has  been  pre- 
sented by  two  grand  juries  during  my  term,  and  the  witness  was  referred 
to  Attornej'^  General  Lynch  for  information  in  the  premises.  Complaints 
against  the  road  are  almost  universal  in  the  parish,  and  if  allowed  to  go 
on  -without  some  remedy  is  ai^plied,  ruin  must  overtake  all  industry  in  the 
parish. 


Having  been  informed  that  the  Mexican  Gulf  Railroad  had  changed 
hands,  and  that  the  parties  purchasing  intended  to  rebuild  the  same,  I 
proceeded  to  the  office,  on  Goodchildi-en  and  Elysian  Fields,  in  order  to 
find  out  the  names  of  the  purchasers,  for  the  purpose  of  ascertaining  if  I 
could  get  a  contract  to  relay  the  whole,  or  some  portion,  of  this  road. 

Mr.  Bakewell  informed  me  that  the  name  of  the  firm  who  purchased,  was 
Capublin  &  Smith,  who  could  be  found  at  St.  Charles  Hotel.  I  pro- 
ceeded at  once  to  this  Hotel  and  enquired  of  all  the  difi'erent  clerks  and 
other  persons  acquainted  with  this  establishment,  and  was  informed  that 
no  such  firm  existed,  in  the  i)remises. 

In  conversing  M-ith  Jlr.  Bakewell,  I  informed  him  that  I  intended  to 
propose  for  some  of  the  work. 

When  he  enquired  what  it  would  cost  a  mile  to  rebuild  the  ti-ack,  the 
owners  to  famish  the  iron,  I  answered  him  that  I  could  relay  the  same  for 
$2200  per  mile,  which  astonished  him  very  much,  and  remarked  that  it 


20 

could  be  built  for  two-thirds  less,  per  mile.  His  opinion  is  that  the  two- 
thirds  of  material  foi:  cross-ties  could  be  found  in  the  old  foundation;  his 
usual  stjle  of  economy  being  the  same ;  and  in  my  humble  opinion,  Mr. 
BakeweU  is  yet  very  much  interested  in  the  Mexican  Gulf  Railroad. 

If  the  old  cross-ties  and  stringers  are  removed  from  the  bed  of  this  road, 
it  will  destroy  and  deprive  it  of  the  benefit  of  twenty-five  years  settling. 

To  do  justice  to  this  track,  it  is  to  ditch  it  on  each  side  and  throw  the 
dirt  in  the  center  of  the  same,  which  would,  with  the  eight  inch  cross- 
ties,  raise  the  entire  bed  at  least  eleven  inches. 

The  number  of  cross-ties  for  twenty-seven  miles  of  railroad,  47,520; 
cost  of  relaying  twenty-seven  miles,  counting  labor  and  material,  $59,400. 

ANTHONY  OXEAL. 


i 
To  the  Honorable  Legislature  of  the  State  of  Louisiana: 

Gentlemen:  Your  petitioners,  inhabitants  of  the  Parishes  of  St  Bernard 
and  Plaquemines,  respectfully  appeal  to  your  honorable  body  for  relief 
from  the  intolerable  evils  imposed  upon  them  by  the  mismanagement  and 
condition  of  the  Mexican  Gulf  EaUroad.  They  are  aware  that  a  Commit- 
tee of  the  Honorable  House  of  Eepresentatives  has  the  matter  under  con- 
sideration, and  hope,  by  respectfidly  stating  what  they  suffer  to  obtain 
some  speedy  and  definite  action.  The  road  has  already  twice  been  pre- 
sented as  a  public  nuisance,  by  two  Grand  Juries  of  the  Parish  of  St.  Ber- 
nard, and  been  brought,  by  the  district  judges,  to  the  notice  of  the  Police 
■Jury,  who  repeatedly  and  earnestly  represented  the  matter  to  the  owners 
of  the  road;  and  twice  before  it  has  been  brought  before  the  legislature 
for  action- 

The  road  is  totally  unfit  to  carry  out  the  purpose  for  which  it  was  created, 
and  has  never  fulfilled  its  charter  and  carried  the  road  to  its  terminus. 
The  cross-ties  and  string  pieces  are  entirely  rotten,  the  rails  badly  laid, 
the  engines  worn  out,  and  dangerous;  the  passenger  cars,  which  do  not 
even  keep  off  the  rain,  are  old  and  decayed,  without  rails  or  the  usual  safe- 
guards; and  the  freight  cars,  insufficient  in  number,  are  old  and  worn  out. 
T^e  trains  freqtently  take  several  days  to  make  a  trip,  whjch  could  be  ac^ 


21 

complished  in  two  hours,  at  the  slow  rate  of  thirteen  miles  per  houi-.  The 
time  of  aii-ival  and  departure  is  so  uncertain  that  parties  are  usually  com- 
pelled, after  hauling  their  products  to  the  road,  to  wait  a  long  time,  often 
several  days,  for  the  passage  of  the  train,  exposed  to  the  iaclemency  of 
the  weather,  to  the  injurj-  of  their  health,  and  the  frequent  partial  and 
sometimes  total  loss  of  their  freight;  when  on  the  cars  they  are  not  better 
protected,  as  they  afford  no  shelter  either  to  goods  or  passengers. 

The  engiues  have  no  spark-catchers,  and  the  fires  no  ash-pans,  thej-  ne- 
cessarily scatter,  everjns-here  on  their  track,  sparks  and  coals  of  fire  which 
axe  conttantly  setting  on  fire  houses,  fences  and  crops.  The  loss  fi-om 
this  cause  is  constant,  and  amounts,  in  the  aggregate,  to  several  hundred 
thousand  dollars. 

The  fishermen  and  hunters,  who  reside  in  the  lower  part  of  the  parish, 
and  supply,  almost  exclusively.  New  Orleans  with  both  fish,  shrimps  and 
game,  have  lost  so  much  fish  and  game,  through  the  delays  of  the  road, 
that  they  have  greatly  dimiuished  in  number,  and  consequents  dimin- 
ished the  quantity  of  those  necessary  and  healthful  supplies,  injuriously 
to  the  health  of  the  city. 

The  culture  of  vegetables,  potatoes,  sweet  and  Irish,  has  also  been  dimin- 
ished. Saw  mills  built  on  the  road  have  proved  a  total  loss  to  the  owners 
JTom  want  of  ti'ansportation.  In  the  lower  part  of  the  parish  over  one 
hundred  thousand  cords  of  wood,  or  wood  which  would  have  made  the 
quantity,  have  had  to  be  burned  on  the  ground,  after  clearing  the  land, 
for  want  of  transportation. 

The  loss  to  the  parish  is  incalculable;  it  has  diminished  the  population, 
it  has  injured  the  health  of  the  inhabitants  from  exposm-e;  it  has  dete- 
riated  the  value  of  our  property,  and  is  causing  our  fields  to  be  abandoned, 
and  has  caused  to  New  Orleans  the  loss  of  millions  of  dollars,  in  the  in- 
creased price  of  fish,  game,  shrimps,  vegetables,  fire-wood  and  sawed  lum- 
ber, aU  of  which  it  could  supply  in  unlimited  quantities. 

The  same  complaints  and  evils  apply  to  the  Parish  of  Plaquemines. 

Your  petitioners  respectfully  ask  that  your  honorable  body  shall  direct 
that  some  means  be  devised  to  relieve  them  from  this  intolerable  nuisance, 
in  such  manner  as  to  render  the  road  useful  to  the  portion  of  countiy  it 
was  intended  to  benefit,  and  assist  iu  the  improvement  of  the  city  by 


221 


cheapening  and  enlarging  its  sources  of  supply  of  the  necessaries  of  life. 
And  your  petitioners  will  ever  pray,  etc., 


Philippe  Toca, 

Ph.  Jorda 

Daniel  Van  Rufif, 

Anthony  Thiel,  Sr. , 

Jose^ih  Albrech,  M.  D. 

AV.  Wcinzette, 

Pierre  Reciz, 

Edgar  Reciz, 

P.  Nunez, 

J.  D.  Rousseau, 

Alex.  Wash, 

Alex.  Wash,  Jr., 

F.  Rapp, 

A.  Rapp, 

Castex  Bertraud,  Sr. , 

Castex  Bertraud,  Jr. , 

Joseph  Vincent, 

J.  V.  Ruiz, 

Augustin  Serpas, 

Marcel  Cantrellc, 

Estevan  Morales, 

Hermogene  Cantrellc, 

Joachim  Gonzales, 

Henry  Verret, 

Jean  Chaplain, 

A.  Romper, 

C.  Romgen, 

P.  Couture, 

E.  N.Gueniot, 


Valentine  Brady, 
A.  Morren, 
F.  Heldato, 
L.  Senigrie, 
Joseph  Silveras, 
Cj'prien  Serpas, 
F.  Estopinu, 
F.  M.  Bienvenu, 
Denis  Villere, 
Thos.  Zanusse, 
Rene  Roussello, 
Francis  Blaser, 
Patrice  Ruiz, 
Thomas  Ruiz, 
Louis  Metral, 
Francois  Dumont, 
Ed.  Gueniot, 
Francois  Weynaers, 
Frank  Lowes, 
Joseph  Redmand, 
F.  A.  Marcel, 
William  Gren, 
J.  B.  Bernard, 
A.  Bernard, 
M.  Rivas, 
Michael  Kelly, 
Francis  Bourg,  Jr., 
Patrick  Kelly, 
Bicente  Torres, 


Francis  Bourg,  Sr. , 
Valcour  Livaudais, 
John  Serpas, 
Joseph  Esteve, 
Lorenzo  Morales,  Jr., 
Santiavo  Nunez, 
L.  A.  Ducros, 
Septime  Toca, 
Louis  Gutierrez, 
W.  Artcelo, 
Anto.  Serpas, 
Philippe  Gutieros, 
Clement  Maeb, 
R.  V.  Ducros, 
Francois  Estopinal, 
E.  Braux, 
Paul  Serpas, 
Fred.  Faivre,   cure  do 

St.  Bernard, 
Manuel  Serpas, 
Estive  Nunes, 
Arthur  Serpas, 
Francis  Artilta,  Jr. , 
P.  Torda,  Jr., 
Ante.  Chalaire, 
Joe.  Hernandez, 
Pablo  Felien, 
E.  L.  Nimmo. 


y 


23 

REPORT  OF  THE  GRAND  JURY  OF  OCTOBER  TERM,  1865. 

To  the  Honorable  A.  Cazabat,  Judge  of  the  Second  Jiidicial  District 
Court  of  the  State  of  Louisiana,  in  and  for  the  parish  of  St.  Bernard : 

The  Report  of  the  Grand  Jury  of  the  parish  of  St.  Bernard,  for  the  Oc- 
tober term  of  the  Court,  respectfully  represents : 

That  the  road,  cars  and  locomotives  of  the  Mexican  Gulf  Railroad  Com- 
pany are  in  an  awful  condition ;  that  the  same  are  no  longer  of  any  service 
or  convenience  to  the  inhabitants  of  their  parish ;  that  the  Grand  Jury  are 
of  opinion  that  if  the  said  Company  cannot  be  compelled  to  place  the 
road  and  the  cars  in  a  proper  condition  of  usefulness  to  the  public  and  to 
comply  in  other  respects  with  the  requirements  of  their  charter,  the 
proper  authorities  should,  and  are  hereby  requested  to  take  proper  steps 
to  have  said  charter  forfeited,  and  the  privileges  thereof  transferred  to 
other  parties  who  will  be  willing  and  able  to  come  up  to  the  requirements 
of  said  charter. 

[Signed]  V.  R.  DUCROS,  Foreman. 

True  copy  from  the  original  on  file  in  my  office. 

PH.  JORDA, 
Clerk  of  District  Court  of  St.  Bernard, 


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